Public Order Flashcards
what is a public place
- Public place shall mean any place to which, at the relevant time, the public have access, whether on payment for admission thereto or otherwise
what is an offence
Any breach of the law for which a person may be punished summarily. Heard before a magistrate in the court of petty sessions (magistrates court)
what is a crime
an offence punishable upon indictment heard before a judge and jury in the supreme court
what is reasonable grounds
- Would a reasonable person have formed that belief having regard to all the circumstances
- Has to have evidence to come to that conclusion
what is found offending
- A person is going an act, making an omission, or conducts or behaves self
- Causing another person, who finds them
- Reasonable grounds for believing (because of their actions, omissions or conduct)
- That they have committed an offence against the Police Offences Act
when can an officer request name and address
If a police officer becomes aware that, or has reasonable grounds for believing that, a person has committed or is committing an offence, the police officer may require that person to state his or her name and address.
ways to deal with language offences
- Give advice (no formal action)
- Use another legislative power
- Issue a PIN
- Proceed by Summons
- Exercise your Power of Arrest if found offending
what are your dispersal powers
Section 15B - May direct a person in a public place to leave that place that and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person
- Has committed or is likely to commit an offence
- Is obstructing or is likely to obstruct the movement of pedestrians or vehicles
- Is endangering or likely to endanger the safety of any other person
- Has committed or likely to commit breach of peace
what happens if someone refuse or fail to give name and address
A person who fails or refuses to comply with a requirement referred to in subsection (1) or (2) or, in response to such a requirement, states a name or address that is false, is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.
if they refuse or fail, they are guilty of an offence and the police officer has power of arrest.
What are public annoyance offences
Disorderly conduct
Commit a nuisance
Disturb the public peace
Behave in a violent manner
what are your dangerous article powers
A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person’s vehicle.
(3) A police officer may seize and detain any dangerous article found.
what is a dangerous article
(a) any weapon other than a firearm; and
(b) any article adapted or modified so as to be capable of being used as such a weapon; and
(c) any other article that is intended to be used as such a weapon; and
(d) a knife
who can require a person to leave a licenced premise
a) the licensee or a person acting with the authority of the licensee: or
b) a police officer
How long until a person can return to a licenced premise once removed
shall not re-enter or attempt to re-enter those premises within the period of 24 hours immediately after leaving or being removed from the premises.
arrest powers - licensed premise
Arrest without warrant – person who police reasonably believes is committing, or has committed, an offence under sections 80 or 80A. Offences:
* ‘Fail or refuse to leave licensed premises’
* ‘Return to licensed premises within 24 hours’
intoxicated definition
‘Intoxicated’ – means under the influence of alcohol, another drug or a combination of drugs.
The intoxicated person must be ‘in a public place’; AND
- is intoxicated & behaving in a manner likely to cause injury
– to himself or another person; OR
- is intoxicated & is likely to cause damage;OR - is intoxicated & incapable of protecting himself from physical harm.
When can a intoxicated person be released
(1) To a place of safety; or
(2) Into the care of a responsible person, willing to take the intoxicated person; or
(3) Held in police custody.
define places of safety
‘Place of safety’ – means ‘a hospital, charitable institution or any other appropriate facility that is capable of caring for an intoxicated person and includes a place declared by the Minister…’
North - Launceston City Mission - Launceston General Hospital
what is implied consent
Not verbally expressed but implied by intent to enter eg
what is expressed consent
Verbalising consent
Mark graffiti offences
A person must not, without lawful excuse:
- Mark graffiti
- Distribute, supply, or sell graffiti equipment to a youth
Have possession of, or carry or use, graffiti equipment in a public place
mark graffiti powers
A police officer may stop, detain, and search, any person or the person’s vehicle in a public place who the police officer reasonably believes has possession of, or is carrying, any graffiti equipment without lawful excuse.
I
A police officer may seize and retain any graffiti equipment found.
POA: reasonable grounds.
What is trespassing
Unlawful entry onto land
A person, without reasonable or lawful excuse must not?
entec into; or remain on
Any land, building, structure, premises, aircraft, vehicle, or vessel without the consent of the owner, occupier, or person in charge.
powers trespassing
Section 55 (2C) places conditions on the power of arrest for police for the offence of trespass.
The power is not exercisable unless -
a) The police officer has previously requested to the person to leave, and that person has refused or failed to comply with the request:
Having complied with the request, the person returns within 14 days after complying without the consent of the owner or occupier 1f the police officer has reasonable grounds for believing that the person has some reasonable or lawful excuse for being there.
who is a responsible adult
a) a parent,step-parent or guardian of the youth;
b) an adult who has parental rights and responsibilities for the youth;
c) an adult authorised to supply liquor to the youth by a parent,step-parent or guardian of the youth or by an adult referred to in paragraph (b).
what powers do officers have with mark graffiti
A police officer may stop, detain and search, without a warrant, any person in a public place who the police officer reasonably believes has possession of, or is carrying, any graffiti equipment without lawful excuse and may stop, detain and search, without a warrant, the person’s vehicle.
A police officer may seize and retain any graffiti equipment found.
police powers - laser pointer
A police officer who reasonably suspects that a person in a public place has contravened subsection (1) or (2) may, without a warrant –
(a) stop, detain and search the person; and
(b) stop, detain and search any vehicle the person is in, any vehicle the person appears to have been in or be about to get in or any vehicle the person appears to have put anything in.
Considerations - supply youth
- whether RA is intoxicated.
- Whether RA has provided food
- Whether youth is intoxicated
- the age fo of youth:
- type of alcohol
Who is a responsible adult
- A parent, step-parent or guardian
- Parental right
- An adult authorised to supply
Power to search - liquor
- reasonable grounds to suspect contravening
- detain, search
- seize found liquor
- open/unsealed = dispose
- At least 2 day - not more than 7 days
